Fraud, Negligence Claims to Proceed in Ortho Evra Birth Control Patch Case

CLEVELAND — An Ohio federal judge has denied Ortho-McNeil Pharmaceutical Inc. summary judgment on fraud and negligence claims asserted in an Ortho Evra injury case, finding the complaint contains sufficient facts to put the drug maker on notice as to the nature of the claims.

However, in the June 20 order, Judge David Katz of the U.S. District Court for the Northern District of Ohio found the plaintiff’s strict liability and negligence claims are time-barred by California’s two-year statute of limitations, which was triggered when she suffered a pulmonary embolism.

California resident Diana Riggins was prescribed the Ortho Evra …